Drug Crimes

If you are charged with a drug crime, it is important to act quickly and hire a knowledgeable and skilled criminal defense attorney. Florida has harsh penalties for those convicted of drug crimes. If you are charged with a drug crime, you are facing jail time, expensive fines, a permanent criminal record and a driver’s license suspension.

Drug crimes differ based on the substance possessed, the amount of substance, and whether the defendant is accused of possessing the drug for personal use, possessing the drug with the intent to sell, or selling the drug.

Possession of a Controlled Substance

If you are charged with possession of a controlled substance, the State of Florida must prove the following beyond a reasonable doubt:

The defendant was in possession the specific substance

The substance is the alleged illegal substance

The defendant had knowledge of the presence of the substance

Possession of marijuana under 20 grams is the only drug possession crime that is a misdemeanor (punishable by a year in the county jail). All other crimes of drug possession including marijuana over 20 grams, cocaine, ecstacy(MDMA), heroin, crack, crystal meth, anabolic steroids, xanex, oxycontin, and hydrocodone are felonies. The degree of felony is dependent on the amount of the drug the defendant possessed. Most drug possession charges are third degree felonies punishable by up to 5 years in prison, but depending on the amount possessed the punishment can be harsher.

Sale or Intent to Sell of Controlled Substances

If you are charged with sale or intent to sell a controlled substance, the State of Florida must prove the following beyond a reasonable doubt:

The defendant sold, purchased, manufactured, delivered, possessed with the intent to sell, purchase, manufacture or deliver a certain substance

The substance is the alleged illegal substance

The defendant had knowledge of the presence of the substance

Sale or Intent to sell a controlled substance is a second degree felony punishable by 15 years in prison. The law in Florida also allows for certain enhancements to the charge of sale or intent to sell a controlled substance depending on the defendant’s proximity (within 1000 feet) to a school, park, daycare center, place of worship or convenience store. These enhancements make sale or intent to sell a controlled substance a first degree felony punishable by up to 30 years in prison. In cases where the crime occurred within 1000ft of a school, daycare center or park, there is a 3 year mandatory minimum sentence required by Florida law.

Drug Trafficking

Drug trafficking in Florida carries extremely high penalties. Possession, possession with intent to sell, and sale of any controlled substance can lead to a charge of drug trafficking if the substance is being sold, purchased, manufactured, delivered, or possessed in a high enough quantity. For example, if you are charged with possession of cocaine or crack in an amount over 28 grams you can be charged with drug trafficking.

One of the most common types of drug trafficking in Florida State courts is trafficking in hydrocodone or oxycodone. In Florida, if you are caught illegally possessing, selling, or purchasing these prescription pills and the quantity is over 25 grams, you can be charged with trafficking, a first degree felony punishable by up to 30 years in prison which includes a 25 year mandatory minimum prison sentence. Because hydrocodone and oxycodone are large pills, the amount of pills in a 30 day prescription can weight 25 grams and thus qualify as a trafficking amount.

Prescription Drug Fraud/Possession

Possessing prescription medications such as Hydrocodone, OxyContin, Loratab, Vicodin, Xanax, Valium, Ritalin or Adderall, or any other prescription medication without having a valid prescription is very serious in Florida. Possession of just one pill can be a third degree felony punishable by up to 5 years in prison and possession of just a few pills (depending on weight) can be considered trafficking, a crime punishable by up to 30 years in prison with some offenses carrying a 25 year mandatory minimum sentence.

In addition to illegally possessing prescription medication, it is a serious crime to commit fraud while trying to obtain prescription medication. Fraudulent acts include forging prescriptions, doctor shopping (having several different doctors write you the same prescription), filling the same prescription at more than one pharmacy, or collusion with doctors or pharmacy staff.

If you are charged with any type of drug crime, it is important to hire an experienced criminal defense attorney as soon as possible. Winston Law, P.A. can aggressively defend you and prepare for trial by analyzing the evidence against you, determining whether the evidence is flawed or illegally gained (illegal search and seizure of your or your property), attacking the validity of evidence gained by confidential informants and undercover police officers, and more.

If a plea bargain is the best way to resolve you case, Winston Law, P.A. will aggressively negotiate to obtain the best possible plea deal which could include a reduced charge, reduced or no jail time and/or drug treatment.

If you or a loved one have been charged with a drug crime or you would like more information, please contact Winston Law, P.A. at (561) 670-9375 or susan@winstonlawpa.com for your initial consultation.